JB/058/248/001

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26 Jany 1805
Evidence

§. Natural System. Procedure on first meeting – Mutual heads of declaration Explanations
particularized.

To delineate in all its , the course taken, under
the influence of that in this sinister interest by the system of
procedure, belongs not to the present work. What was here necessary,
is here sufficient – the marking pointing out that sinister
interest as the original and efficient or as well as final cause of so many phenomenon which
otherwise would be inapplicable: in particular of the variety
of arrangements by which the efficacy of the natural system of procedure
in the character of a respect of the security afforded by it against misdecision or failure of justice on the ground of evidence for trust
the trustworthiness When of evidence, has been weakened to a degree which will be but too apparent.

When, If at the commencement of every cause which admitts
of such meeting, that is to say of in nine causes out of ten,
or nineteen out of twenty, the parties were to meet one another
face to face, in the presence of the Judge, the facility which
such meeting affords for the mutual deposition of both
in the character of self serving witnesses, and the utual cross examination
of both in the same character character of self serving witnesses, would constitute but a part
of the advantage service done to justice. To each of them, whether he has happened
to be in any such situation as will have enabled him
to depose act in the character of a witness, delivering direct and positive testimony in relation to the any of
the facts in dispute, is in most sorts of causes a matter of accident. What is certain
is that as follows –

1. The Plaintiff will have it in his power to make known declare in
the face presence of the Defendant as well as the Judge – what the service act
is, the rendering performance of which he is the service he demands at the
defendants hands – and what the facts are on which the
he grounds such his demand, and what the article of law is
which in his conception warrants it.

2. He will may at the same time What the grounds are on
which his persuasion of the truth of such several facts are
founded: – his own perceptions past or present – his own inferences from his own
perceptions – the direct testimony of others, expressive of the perception
of those others – articles of real evidence, expressive of the testimony of things
articles of written evidence, expressive of the evidence of pesons through the medium
of that of things – and so forth.

Identifier: | JB/058/248/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-01-26	Marginal Summary Numbering	1-2
Box	058	Main Headings	evidence
Folio number	248	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d12 / e1
Penner	jeremy bentham	Watermarks	cw 1799
Marginals	jeremy bentham	Paper Producer	c. abbit lees
Corrections		Paper Produced in Year	1799
Notes public		ID Number	18917
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